10 Healthy Birth Defect Claim Habits
How to File a Birth Defect Lawsuit
Modern technology and medicine have dramatically decreased the risks of childbirth. But, a birth defect or injury is still a common occurrence.
A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other losses. To be able to pursue an action, you must prove that medical professionals breached the standard of care prior to or during pregnancy or during the delivery.
Damages
Pregnancy is one of the most exciting and stressful moments in the life of a parent. Parents want their babies to be perfect, and doctors work to do their best to prevent birth defects from occurring. However, carelessness and negligence on the part of medical practitioners can increase the chance of birth injuries and defects. Families who are shocked by this situation should consider suing for a birth defect lawsuits defect.
A successful birth defect suit can result in damages for a variety of different things. These include the victim's suffering and suffering as well as loss of consortium, medical expenses and lost earning capacity. The amount of damages that a victim will receive depends on the severity of the child's illness and how it has affected their standard of living.
Environmental exposures can cause birth defects and birth injuries. Studies have shown that certain chemicals, like pesticides, fungicides and lead, as well as paints and heavy metals can increase the likelihood of birth defects. Birth defect lawyers have filed lawsuits against companies that exposed workers to harmful chemicals, and against pharmaceutical companies that have produced drugs that can cause birth defects in fetuses like DES.
If you believe that your child's birth defect or injury was the result of medical negligence, you must speak with a skilled birth defect lawyer as quickly as you can. In certain states, you have only one year to file a lawsuit against medical malpractice. If you put off filing a lawsuit for a longer period it could mean that your child will never receive the justice they deserve.
Statute of Limitations
A statute of limitations is a law which defines the deadline for when a person is allowed to file a civil claim. If a claimant fails to file by the deadline, they will lose their right to seek damages from a defendant. Birth injury claims can have a more complicated time limit than other medical malpractice claims.
A lawsuit is typically filed against the medical professional or hospital that caused injuries to a patient during labor and birth. These cases are sometimes referred to birthing injury suits or wrongful birth lawsuits however Florida's laws permit parents to file a malpractice lawsuit for the death of a child.
In order to prove medical malpractice, the victim must prove that the doctor who was at fault did not follow the standards of care and consideration expected by another health healthcare provider in similar circumstances. This includes failing to recognize serious conditions like low oxygen levels in childbirth which can lead to cerebral palsy and brain damage.
The first step to file a birth defect lawsuit is to speak with an experienced attorney. Most attorneys offer free consultations to potential clients. If the lawyer believes that a client has a valid case, they will examine medical records and hire experts to evaluate their credibility. They will also assist in preparing documents and filing the medical malpractice suit within time.
Expert Witnesses
In a case involving birth injuries, it is crucial to have medical experts who are able to explain to a jury the medical practices and procedures. However, expert witnesses aren't easy to work with since they must scrutinize huge quantities of information and be able to make decisions based upon facts rather than opinions. They must also be willing to testify on facts which may contradict their opinions.
In the Daubert Case, the plaintiffs' expert argued that Bendectin was the cause of the birth defect in their child. The judge ruled that the evidence was at the "cutting edge of research in science, where reality meets theory, and certainty transforms into probabilities." However the judge did believe that there was sufficient evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects.
The Daubert decision was an affront to plaintiffs who had filed lawsuits against pharmaceutical companies in an attempt to get justice. There are many ways for a person who has suffered injury to bring a lawsuit based on the birth defect.
A Philadelphia birth defect lawyer can provide victims with advice on whether they're eligible for an opportunity to file a claim. Lawyers can determine if an individual plaintiff is eligible to file a lawsuit on their own or as part of an action class. In certain situations lawyers may be able to file a birth injury lawsuit as part of a multidistrict litigation (MDL). To begin, fill out the form on this page for an unreserved and confidential consultation with a professional attorney.
Representation
Although modern technology and recent advancements in the medical field have drastically reduced the chance of complications during pregnancy and childbirth however, they are not completely eliminated. Parents may pursue legal action if they suffer a birth injury or defect occurs, and the reason could have been avoided.
Medical negligence claims tend to be caused by a doctor's inability to diagnose or treat a condition. A physician may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects such as spina bifida. Birth defects can be caused by a wrong medication that is taken by the mother, or exposure to chemicals or other environmental dangers during the development of the baby in the womb.
A birth defect could affect any part of the body of a newborn which can affect their appearance, health and function. In some cases the birth defect can dramatically reduce a child's lifespan or result in an enormous amount of medical costs.
Contact a birth defect lawyer today if you believe that your child's birth injury or defect was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can help explain your options and assist you make a claim before the deadline for filing. A lawyer may also be competent to negotiate an agreement on behalf of you with the responsible parties for the injuries your infant sustained.